Regulation 4 Deemed consent to storage and use of relevant material: Northern Ireland
This regulation applies in any case falling within paragraphs (a) and (b) of section 6 of the Act (storage and use involving material from adults who lack capacity to consent).
An adult (“P”) who lacks capacity to consent to an activity of a kind mentioned in section 1(1)(d) or (f) of the Act which involves material from P’s body, is deemed to have consented to the activity where—
the activity is done for a purpose specified in paragraph 4 or 7 of Part 1 of Schedule 1 to the Act (the purposes of obtaining information relevant to another person and of transplantation) by a person who is acting in what he reasonably believes to be P’s best interests;
the activity is done for the purpose of a clinical trial which is authorised and conducted in accordance with the clinical trials regulations; or
the activity is done for the purpose of research which is ethically approved within the meaning of regulation 8.